UN sogi resolution 2016

Civil Society’s Response to South Africa’s
UN abstention on the creation of a SOGI Independent Expert

Geneva, 15 August 2016

South African-based civil society organisations together with the LGBTI community and human-rights based entities were shocked by the country’s abstention at the crucial voting that took place at the UN Human Rights Council on 30 June 2016 on a resolution aimed at establishing an Independent Expert on violence and discrimination against people based on their sexual orientation or gender identity. South Africa’s abstentions on voting on the day had far-reaching consequences. SA leadership could have helped build regional support and shape a more positive and inclusive dynamic; as it was, states like Angola, which co-sponsored the resolution at an early stage, were left feeling isolated, and withdrew co-sponsorship. In addition, South Africa abstained, not only on passing the resolution as a whole, but also on hostile amendments introduced by states that are in opposition to the human rights of LGBTI people.

For example, one suggested amendment expressed concern at the international human rights system inclusion of SOGI issues, terming them “social” and outside of the human rights framework. This amendment was adopted by a single vote of 18-17, with 9 abstentions. If South Africa had opposed this derogatory language, instead of abstaining, the vote would have been 18-18, with 8 abstentions, and the amendment would not have passed. Finally, the resolution as a whole passed with several hostile amendments, and the South African government’s choice to abstain was as damaging as having voted against the resolution.

Despite South Africa attending resolution negotiations, it did not speak, engage, present concerns or make proposals. In its explanation of its abstention, South Africa also attacked the Latin American states sponsoring the resolution, calling their approach “polarising”. In fact, numerous delegations praised the lead sponsors for their collaborative and respectful approach, and despite South Africa’s allegations of polarisation, the margin of support for the resolution creating the Independent Expert was actually higher than for South Africa’s own resolution in 2011. Ironically, South Africa also invoked its own Constitution and the struggle against Apartheid, a history that has taught South Africa a more collaborative approach seeking “maximum unity in the council”, overlooking that it was in part, international pressure from the UN that contributed to the end of Apartheid.

Iranti-org engaged with various civil society organisations to collate reactions from civil society to South Africa’s voting, and increase awareness of the impact the state’s regional and global actions have on South African and broader African LGBTI communities.

UN SOGI resolution 2016

UN SOGI Resolution interview with
Steve Letsike

South Africa, 22 June 2016

Steve Letsike, the director of Access Chapter 2, is a local and international LGBTI activist who has worked closely with the South African Government around constitutional reform and gender justice. In light of the Latin American Core Group (Argentina, Brazil, Chile, Colombia, Mexico and Uruguay) which has recently tabled the SOGI resolution at the UN Human Rights Council, we asked Steve to weigh in on why she thinks the South African government should vote for a UN SOGI Expert and what this would mean for LGBTI activism on a global level.

UN SOGI Resolution interview with
Yasmin Sooka

South Africa, 22 June 2016

In many countries, LGBTI communities and activists are criminalized and persecuted daily. Globally, the fight for LGBTI rights to be recognized and included in the human rights frameworks of various countries and regional bodies is still a long way from victory. The Latin American Core Group (Argentina, Brazil, Chile, Colombia, Mexico and Uruguay) has now officially tabled the SOGI resolution at the UN Human Rights Council. In South Africa, the government has made various commitments in the constitution to uphold and protect personal freedoms including those of the LGBTI community. Therefore, it becomes imperative that the South African government votes affirmative for a UN SOGI expert. In South Africa, we spoke to Yasmin Sooka, who has been involved in many UN processes and has served as a UN Special Rapporteur for torture in Sri Lanka, in order to get her perspective on what a UN SOGI Expert would mean for LGBTI activism globally.